Criminal Procedure Code
382. Finding or sentence when reversible by reason of error or omission in charge or other proceedings
382. Finding or sentence when reversible by reason of error or omission in charge or other proceedings
Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a court of competent jurisdiction shall be reversed or altered on appeal or revision on account of an error, omission or irregularity in the complaint, summons, warrant, charge, proclamation, order, judgment or other proceedings before or during the trial or in any inquiry or other proceedings under this Code, unless the error, omission or irregularity has occasioned a failure of justice:Provided that in determining whether an error, omission or irregularity has occasioned a failure of justice the court shall have regard to the question whether the objection could and should have been raised at an earlier stage in the proceedings.[Act No. 33 of 1963, 1st Sch.]Case law referring to this provision
Source: Kenya Law